What Is (or Isn’t) Bad Faith in Oklahoma?

Much as we are tempted to do so, we refrain from commenting on the following passage from State ex rel. Board of Regents etc. v. McCloskey Brothers, 227 P.3d 133, 148 (Okla. 2009). The court provides no citation of authority for its statement.

“Whether the Regents paid two, three, or four times the market value for any particular property has nothing to do with the issue of bad faith as far as negotiation with the McCloskey Brothers is concerned. As long as the Regents met the minimum constitutional standards for compensation and did not violate any otherĀ  state law, there was nothing to to preclude them from paying as much as they wanted for properties, but paying more than market value does not in and of itself constitute bad faith.”

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